House Bill 25-1049 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning communication rights for persons in custody.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Legislative Oversight Committee Concerning Colorado Jail Standards. Current law allows a person who is committed, imprisoned, or arrested (person in custody) the right to communicate with an attorney or family member by making a reasonable number of telephone calls or through any other reasonable manner. The bill adds the right for a person in custody to receive a reasonable number of telephone calls or other reasonable communications and to communicate through interactive audiovisual conferencing, if available.

Current law allows a person in custody the right to consult with an attorney. The bill clarifies that the person in custody has the right to make and receive private and unrecorded legal telephone calls without cost, and, alternatively, to communicate through private unrecorded interactive audiovisual conferencing.

Current law requires all peace officers or individuals who have a person in custody to allow the person in custody to see and consult with an attorney, alone and in private, at the location the person in custody is being held. The bill expands this requirement to allow the attorney for the person in custody to call and consult with the person in custody by telephone through a private and unrecorded legal telephone call without cost or by making and receiving private and unrecorded interactive audiovisual conferencing calls without cost.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, add 16-3-400.3 as

• Page 2, Line 3follows:

• Page 2, Line 416-3-400.3.  Definitions.As used in this part 4, unless the

• Page 2, Line 5context otherwise requires:

• Page 2, Line 6(1)  "Authorized representative" means a professional

• Page 2, Line 7person who is employed by or under contract with an attorney,

• Page 2, Line 8the attorney's office, or with a state agency to assist in

• Page 2, Line 9providing legal representation to a person committed,

• Page 2, Line 10imprisoned, or arrested and who has been authorized by the

• Page 2, Line 11attorney to consult with their clients and the authorization

• Page 2, Line 12can be confirmed by law enforcement prior to allowing the

• Page 2, Line 13consultation.

• Page 2, Line 14(2)  "Place of confinement" means a jail or other fixed

• Page 2, Line 15place of confinement operated by the county or other

• Page 2, Line 16governmental authority to hold persons committed, imprisoned,

• Page 2, Line 17or arrested for any cause, or a facility or other fixed place of

• Page 2, Line 18confinement operated by the department of corrections or

• Page 3, Line 1under contract with the department of corrections at which the

• Page 3, Line 2in-custody person is held for more than twenty-four hours.

• Page 3, Line 3SECTION 2.  In Colorado Revised Statutes, 16-3-402, amend (1),

• Page 3, Line 4(2), and (3) as follows:

• Page 3, Line 516-3-402.  Right to communicate with attorney and family.

• Page 3, Line 6(1)  Persons who are arrested shall have A person who is arrested has

• Page 3, Line 7the right to communicate with an attorney of their the person's choice

• Page 3, Line 8and a member of their the person's family by making a reasonable

• Page 3, Line 9number of telephone calls or by communicating in any other reasonable

• Page 3, Line 10manner. Such The communication shall must be permitted at the earliest

• Page 3, Line 11possible time after arrival at the police station, sheriff's office, jail, or

• Page 3, Line 12other like confinement facility to which such the person is first taken

• Page 3, Line 13after arrest.

• Page 3, Line 14(2)  If the accused person is transferred to a new place of custody,

• Page 3, Line 15his the accused person's right to communicate with an attorney and a

• Page 3, Line 16member of his the accused person's family is renewed.

• Page 3, Line 17(3) (a)  Consistent with the provisions of section 21-1-103, C.R.S.,

• Page 3, Line 18if any a person in custody indicates in any manner his the desire to speak

• Page 3, Line 19with an attorney, or the court determines that an inquiry into the matter of

• Page 3, Line 20indigency should occur, the a public defender shall be or the public

• Page 3, Line 21defender's authorized representative is permitted to communicate

• Page 3, Line 22with that person to determine whether that the person in custody has

• Page 3, Line 23counsel, and, if whether the person in custody desires that

• Page 3, Line 24representation from the public defender, represent him, and to make

• Page 3, Line 25an initial determination as to whether the person in custody is indigent.

• Page 3, Line 26If the public defender or the public defender's authorized

• Page 3, Line 27representative determines that the person in custody is indigent, such

• Page 4, Line 1the person in custody shall apply for representation by the public

• Page 4, Line 2defender in accordance with section 21-1-103. C.R.S.

• Page 4, Line 3(b)  The public defender, upon his request and with due regard for

• Page 4, Line 4reasonable law enforcement administrative and operational

• Page 4, Line 5procedures, shall be is permitted to determine whether or not any a

• Page 4, Line 6person in custody has been taken without unnecessary delay before the

• Page 4, Line 7nearest available county or district judge.

• Page 4, Line 8SECTION 3.  In Colorado Revised Statutes, amend 16-3-403 as

• Page 4, Line 9follows:

• Page 4, Line 1016-3-403.  Right to consult with attorney.Any A person

• Page 4, Line 11committed, imprisoned, or arrested for any cause, whether or not such

• Page 4, Line 12the person is charged with an offense, shall be is allowed to consult with

• Page 4, Line 13an attorney-at-law of this state or the attorney's authorized

• Page 4, Line 14representative whom such the person desires to see or consult, alone

• Page 4, Line 15and in private at the place of custody, as many times and for such a

• Page 4, Line 16period each time as is reasonable. Except where extradition proceedings

• Page 4, Line 17have been completed or are not required by law, when any such a person

• Page 4, Line 18is about to be moved beyond the limits of this state, the person to be

• Page 4, Line 19moved shall be is entitled to a reasonable delay for the purpose of

• Page 4, Line 20obtaining counsel and of availing himself of benefiting from the laws

• Page 4, Line 21of this state for the security of personal liberty.

• Page 4, Line 22SECTION 4.  In Colorado Revised Statutes, 16-3-404, amend (1);

• Page 4, Line 23and add (1.5) as follows:

• Page 4, Line 2416-3-404.  Duty of officers to admit attorney. (1)  All peace

• Page 4, Line 25officers or persons having in custody any a person committed,

• Page 4, Line 26imprisoned, or arrested for any alleged cause shall forthwith admit any an

• Page 4, Line 27attorney-at-law in this state or the attorney's authorized

• Page 5, Line 1representative, upon the demand of the prisoner confined person or

• Page 5, Line 2of a friend, relative, spouse, or attorney of the prisoner confined person,

• Page 5, Line 3to see and consult the person so imprisoned confined person, alone and

• Page 5, Line 4in private, at the jail or other place of custody, if such person so

• Page 5, Line 5imprisoned the confined person expressly consents to see or to consult

• Page 5, Line 6with the attorney or the attorney's authorized representative.

• Page 5, Line 7(1.5)  In addition to in-person communication, a peace

• Page 5, Line 8officer or person employed at a place of confinement shall

• Page 5, Line 9provide an attorney-at-law in this state or the attorney's

• Page 5, Line 10authorized representative the ability to initiate communication

• Page 5, Line 11with the confined person through telephone calls, interactive

• Page 5, Line 12audiovisual conferencing, or any other reasonable method of

• Page 5, Line 13electronic communication, as determined by the jail or

• Page 5, Line 14correctional facility administration, that allows the confined

• Page 5, Line 15person and the attorney or authorized representative to speak

• Page 5, Line 16to each other. The communication must be private, unrecorded,

• Page 5, Line 17and without cost to the confined person and attorney or the

• Page 5, Line 18attorney's representative. Peace officers or persons having

• Page 5, Line 19custody of the confined person shall allow the communication

• Page 5, Line 20described in this section on a forthwith basis, subject to all

• Page 5, Line 21reasonable administrative and operational procedures and in

• Page 5, Line 22the manner as determined by the facility administration.

• Page 5, Line 23SECTION 5.  Act subject to petition - effective date. This act

• Page 5, Line 24takes effect at 12:01 a.m. on the day following the expiration of the

• Page 5, Line 25ninety-day period after final adjournment of the general assembly; except

• Page 5, Line 26that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 5, Line 27of the state constitution against this act or an item, section, or part of this

• Page 6, Line 1act within such period, then the act, item, section, or part will not take

• Page 6, Line 2effect unless approved by the people at the general election to be held in

• Page 6, Line 3November 2026 and, in such case, will take effect on the date of the

• Page 6, Line 4official declaration of the vote thereon by the governor.